Modica v. Russell et al

Filing 6

ORDER signed by Magistrate Judge Allison Claire on 2/12/15: The Clerk of the Court is directed to send plaintiff one summons and two USM- 285 forms. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTOINE E. MODICA, SR.,

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No. 2:15-cv-00057 MCE AC PS

Plaintiff,

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v.

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RUSSELL, et al.,

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ORDER

Defendants.

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Plaintiff is a former state prisoner proceeding pro se in this civil rights action filed

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pursuant to 42 U.S.C. § 1983. Plaintiff challenges the conditions of his confinement during his

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incarceration at the California Correctional Center (CCC) in Susanville. Plaintiff is now paroled

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and resides in Hayward. By order filed May 8, 2015, the court found that plaintiff’s complaint

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states cognizable claims against CCC Correctional Officers Russell and Olah, and directed

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plaintiff to submit documents for service of process on these defendants by the United States

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Marshal. See ECF No. 4. For the following reasons, plaintiff will again be directed to submit the

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appropriate forms, this time with additional information. Plaintiff need not submit additional

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copies of his complaint.

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On the new summons, plaintiff should list, both in the title of this action, and on the line

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providing defendants’ names and address, the names of both defendants; the address should

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include the California Correctional Center. On the new and separate USM-285 forms for each
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defendant, plaintiff should provide additional information that will assist the Marshal and CCC

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officials in locating defendants. If plaintiff has defendants’ first names or first initials, they

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should be provided along with their last names; defendants’ official positions (e.g. correctional

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counselor) should be noted, as well as their respective work assignments (e.g. their assigned

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facility, unit, building or other identifiable responsibility). In the space provided for “special

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instructions,” plaintiff should add any information, however informal (e.g. physical description),

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that will help identify and locate these defendants.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to send plaintiff one summons and two USM-285

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forms.
2. Within fourteen days after the filing date of this order, plaintiff shall complete the
attached Notice of Submission of Documents and submit the following documents to the court:

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a. The completed Notice of Submission of Documents;

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b. One completed summons; and

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c. Two completed USM-285 forms (one for each defendant).

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SO ORDERED.

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DATED: June 12, 2015

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTOINE E. MODICA, SR.,

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No. 2:15-cv-00057 MCE AC PS

Plaintiff,

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v.

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RUSSELL, et al.,

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NOTICE OF SUBMISSION OF DOCUMENTS

Defendants.

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Plaintiff submits the following documents in compliance with the court’s order filed
_____________________:

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One completed summons form

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Two completed USM-285 forms

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____________________________________
Date

____________________________________
Plaintiff

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